The defendant, acting pro se, was found guilty by a jury of carrying a concealed weapon, and was sentenced to 1 year’s imprisonment. The sole question on appeal is whether or not the defendant was denied a right to counsel under the provisions of Neb. Rev. Stat. § 29-1804.07 (Reissue 1979).
On October 26, 1981, the defendant was arrested and charged with carrying a concealed weapon in violation of Neb. Rev. Stat. § 28-1202(1) (Reissue 1979), a Class IV felony. The defendant appeared at five preliminary hearings with privately retained counsel. At an arraignment hearing on February 9, 1982, defendant’s counsel appeared but the defendant failed to appear, and the court granted an oral motion for a writ of capias. The defendant’s then counsel also entered an oral motion to withdraw from representation of the defendant on the grounds of conflict of interest. The court took that motion under advisement.
Another arraignment hearing was had on February 11, 1982, 2 days later, at which time both the defendant and the counsel appeared. The district judge stated that he would permit defendant’s counsel to withdraw following that hearing, but required counsel to remain through the arraignment proceeding. The judge also informed the defendant of his right to be represented by the public defender’s office if he wished to have an attorney to represent him and could not afford one. The defendant responded: “Yes, sir, but I’d just like to say I plan on hiring another attorney. I don’t want a public defender and I don’t feel I know enough about the law to defend myself.”
The judge then warned the defendant that the trial was set for March 1, 1982, and would not be continued for the purpose of allowing the defendant to *661procure new counsel. The defendant pleaded not guilty and trial was set for March 1, 1982.
On March 1, 1982, the defendant appeared for trial without counsel before a different district judge. The judge stated to the defendant that the court understood that the defendant had previously been advised that he was entitled to an attorney and that the court had offered to appoint an attorney to represent him, but that the defendant had elected and stated to the court that he wished to proceed and represent himself. The judge inquired as to whether that was correct. The defendant responded: “Well, I had an attorney previously to this, and my mistake was that I didn’t prepare for this properly. I guess I didn’t have enough money to pay for an attorney so I ended up not having an attorney. By the time I wanted the public defender I was informed that he would have to be appointed by the Court but — so I have no choice but to represent myself.”
The judge then stated that the previous judge had advised the defendant on February 11 that he was entitled to have an attorney appointed by the court, but that the defendant had declined to have the appointment made, and inquired whether that was a correct statement. The defendant responded: “Correct, but at that time I assumed that I would — I was going to be able to afford an attorney. It was an improper assumption on my behalf.”
The judge then asked if the defendant had been informed that the trial would be on March 1, 1982, and if he had had at least 2 weeks’ notice of that date. When the defendant acknowledged that he had, the court then proceeded with the trial, with the defendant acting as his own counsel.
The State called only one witness, the arresting officer, and the defendant, representing himself, took the stand and testified on his own behalf. The jury returned a verdict of guilty and this appeal followed.
The defendant’s sole contention on this appeal is *662that he was denied his constitutional and statutory-right to assistance of counsel at trial.
The State contends that the defendant’s statement at his arraignment on February 11, 1982, and his appearance at trial without counsel constituted a waiver of his right to counsel at trial.
Section 29-1804.07 provides in part: “At a felony defendant’s first appearance before a judge without retained counsel, the judge shall advise him or her of his or her right to court-appointed counsel if such person is indigent. If he or she asserts his or her indigency, the court shall make a reasonable inquiry to determine such person’s financial condition, and shall require him or her to execute an affidavit of indigency for filing with the clerk of the court. If the court determines the defendant to be indigent, it shall formally appoint the public defender ... to represent the indigent felony defendant at all future critical stages of the criminal proceedings against such defendant .... A felony defendant who is not indigent at the time of his or her first appearance before a judge may nevertheless assert his or her indigency at any subsequent stage of felony proceedings, at which time the judge shall consider appointing counsel as otherwise provided in this section.’’
In the case at bar the defendant’s first appearance before a judge without retained counsel was at the trial on March 1, 1982. The trial judge, in effect, advised the defendant that the defendant had already waived his right to counsel, and did not make any reasonable inquiry to determine the defendant’s financial condition, even after the defendant had stated that he did not have enough money to pay for an attorney.
Even in the absence of the specific statutory language the case at bar is almost a duplicate of the case of State v. Moore, 203 Neb. 94, 277 N.W.2d 554 (1979). In that case we said: “Although the defendant had already affirmatively indicated his intention to exercise his constitutional right to counsel by re*663taining private counsel, the court interpreted the defendant’s appearance at trial without counsel as an affirmative, intelligent, and understanding waiver of his constitutional right to counsel simply because the defendant had been advised of his right to counsel a month before. Under the circumstances here it was wholly unreasonable to assume that the defendant had conclusively rejected an offer of counsel, much less that he had affirmatively waived his right to counsel.” Id. at 99, 277 N.W.2d at 557.
Absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial. Argersinger v. Hamlin, 407 U.S. 25, 92 S. Ct. 2006, 32 L. Ed. 2d 530 (1972).
No defendant can be completely denied the assistance of counsel absent a determination of his ability to retain counsel or his desire to have counsel appointed. State v. Moore, supra.
In view of the presumption against a waiver of the constitutional right to counsel, both the specific statutory language of § 29-1804.07 and case law require the trial court to make a reasonable inquiry into the defendant’s ability to retain counsel or his desire to have counsel appointed. Neither inquiry was made here at the defendant’s first appearance before a judge without retained counsel.
The conviction of the defendant is reversed and the cause remanded to the District Court.
Reversed and remanded.